Summary
This post examines recent developments in music copyright enforcement in India, focusing on judicial decisions impacting salons and advertising. It discusses cases where courts granted injunctions and damages for unauthorised use of copyrighted music, notably by Phonographic Performance Limited and SPI Music. The analysis highlights the legal risks faced by businesses using music without proper licensing or authorisation. It advises businesses to obtain licences or use public domain music to avoid infringement. The post underscores the importance of legal counsel in managing music copyright risks.
The scope and extent of music copyright enforcement is expanding, and two avenues of such expansion are digital and ground spaces. PPL and Novex have been continuously broadening their licensing portfolio by aggressively enforcing copyrights against hotels, resorts, salons, event agencies, corporates, etc. Some recent court orders have enabled rights holders to add new types of licensees, and in this post, we are sharing 2 copyright cases that have resulted in favourable orders for music copyright holders.
Music Copyright Cases
Injunction against use of music in Salons
The Delhi High Court has recently granted an exparte injunction against the use of sound recordings that form part of repertoire of Phonographic Performance Limited (PPL). The injunction was granted against Geetanjali Salon and all its units at different locations. Except one Salon that had a license, the Court stated that the use of PPL’s music by all other salons prima facie amounts to copyright infringement.
Citation: Phonographic Performance Limited vs Geetanjali Salon Private Limited & Ors, Delhi High Court, 16 February, 2024, CS(COMM) 148/2024
Madras High Court grants damages and compensatory costs for infringement of music in a commercial
In a case involving the use of two tracks ‘Global Gear’ and ‘On Cloud Nine’ from the music album ‘Veena in Vienna’ in television commercials, the Madras High Court granted an injunction restraining Kanchepuram SM Silks from using the music in their commercials on television. The Court also granted damages of Rs 1 Lakh Rupees and compensatory costs of Rs. 4 Lakh Rupees. Additionally, the Court ordered the defendant to also pay the profits made by it from the infringing commercials as well as litigation costs.
Citation: Spi Music Private Limited vs Kanchepuram S.M.Silks, Madras High Court, 24 January, 2024, C.S.No.380 of 2017
Observations
Considering the approach being taken by Courts today with respect to music copyrights, and the pace at which decisions are being given, business establishments may find it difficult to get away with using copyrighted music without permission. It is therefore advisable for businesses to either use creative commons and public domain music; or acquire licenses from appropriate rights holders if they wish to use copyright protected music. Seeking the opinion of a copyright attorney before using or playing music within the establishment would prove to be useful in legalizing copyright usage, or defending copyright claims.
Disclaimer
The case note/s in this blog post have been written by IP Attorneys at BananaIP Counsels based on their review and understanding of the Judgments. It may be noted that other IP attorneys and experts in the field may have different opinions about the cases or arrive at different conclusions therefrom. It is advisable to read the Judgments before making any decisions based on the case notes.
If you have any questions, or if you wish to speak with an IP expert/attorney, please reach us at: contact@bananaip.com or 91-80-26860414/24/34.